vi.
The COPP has spent a fair amount of time working on BIPA implementation.
Mangan Dep. Tr. 40:2-12.
vii.
Once it has been determined that a violation of the law has occurred, a county
attomey may prosecute; if they fail to prosecute, then Defendant Mangan may
prosecute. Mont. Code Ann. $ 13-37-124.
viii.
During local elections in2019, there was at least one instance ofan individual
being referred to county prosecutors for violation of
BIPA. Mangan Dep. Tr.
l3 5:13- I 39:5.
ix.
The COPP did not coordinate with the county attomeys on any of the three
allegations of BIPA violations that were reported directly to the COPP office.
.See
x.
Mangan Dep. Tr. 135:13-145:8.
For the tkee instances of voters refusing to sign BIPA forms, the COPP sent
letters to the voters informing them of BIPA requirements but never followed
up with the county election administrator to see
if the forms were actually filled
out and retumed. ManganDep. Tr. 140:12-145:8.
xi.
For the one incident of an alleged BIPA violation that was reported directly to
the county attomey, the COPP never checked in with the county attomey.
Mangan Dep. Tr. 135: i 3- 139:5
xii.
Should a collector fail to include any required information on the Registry form,
the collector is
in
violation
of BIPA, and
although the COPP received
incomplete forms, they are not investigated because Defendant Mangan
believes
it could be very
cumbersome to enforce the missing data on and it
34